Free Opening Brief in Support - District Court of Delaware - Delaware

[ Case 1:04-cv-01542-G ocument 103-9 Filed 06/O1/2007 Page 1 of 2 1
O 1 B THE ED STATES DISTRICT COURT i
_ FOR T DISTRICT OF DELAWARE
I Kevi n Braithwaite ) · I
. V, l C.A. No. O4-1542-GMS l _ ·
_ 1 Marcello Rispoli et al., . 3 Trial by Jury Demanded -
_ Defendants. _ g · O _ _ _
D S B D AF AVIT OF DAVE HALL D .
_ p Dave Hall, having bee duly sworn according to law, deposes and states as
1 ‘ follows: p _
I Z 1.. I am employed y_ the State of Delaware, Department of Correction
· ("DOC") at the Delaware Correhtional Center ("DCC”) Smyrna, Delaware as a iV_a;d_e1n . Z
V I have been employed by the DFG since QQ;. My duties include Cornmander DOC n ‘
Emergency Response Team, Tra sportation Unit, and K9 Training Division . - p
- · 2. _ Conditions under which force is used is based on a realistic evaluation of _
the actual need for that applicati n on a case by case basis. The ot`1`icer’s perception ofthe
threat presented is critical to The evaluation of uses of force. The Departrnent of
Correction does not employ a ri id use of force model. This is to say that Officers are _ ‘
trained ina variety of physical rlontrol techniques and instrurnents for use in defense of
· D - themselves and others and are ivcn instruction on. the appropriate application of each.
For use of force, the offender S behavior is categorized as cooperative, resistor. or
_ - assailant. The cooperative off der is one who responds to personnel with or without D
T 1 T esi. ll-·l O

p Case 1:04-cv-O1542—GI\/IS Document 103-9 A Filed 06/O1/200% Page 2 ofp2
s direction posing a variable risk. Specific verbal instructions, persuasion anotor warnings `
by personnel is sufficient to ntairltain physical control regarding cooperative offenders. .
l 3. The resistcr offeLder’s behavior can be passive ot active. A passive
n' oH`cnder is one who falls lo respond to verbal commands. If inter-personal
I communication is unsuccessiiil then physical control can be applied. An active resister is
- an offender who physically resihts control by authorities, In these instances, defensive I
controls or instruments may be implemented to control or move the orl’endei·(sj who l h
n ` U gfailecl to comply with lawful ord·rs.
. 4. The third. catego is the offender assailant. Offender actions that are I
aggressively offensive and thre toning without the use of weapons, can be met by h
physical force with control instrhrnents or impact weapons. The amount of force used
l will be only that much as is rethonable and necessary to gainhor retain control of the
situation. Assailant actions that hill probably cause death or serious. physical injury can -
be met with firearms andfor other lethal force. h
s `
'SWORN TO AND lSUTBS RLBED before me thi K day of , .
l Z Notary n I l